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2021 Supreme(MP) 646

SUJOY PAUL, ANIL VERMA
Shakir Khan Mansuri – Appellant
Versus
State of M. P. – Respondent


Advocates:
Akhil Godha for appellant; Aditya Garg, Government Advocate for respondents/state.

ORDER

1. This writ appeal takes exception to the order dated 15.11.2021 passed in WP No.24963/2021 whereby learned Single Judge has declined interference on the transfer order dated 29.8.2021 passed by District Education Officer, Shajapur whereby appellant is transferred from Government School, Biklakhedi to Government School, Berchha Datar, District Shajapur. The appellant also assailed order of DEO, Shajapur dated 1.11.2021 whereby his representation was rejected.

2. The appellant, a disabled person having permanent disability to the tune of 60% filed the writ petition and on the strength of Clause 26 of the Transfer Policy dated 24.6.2021 contended before learned Single Judge that he could not have been subjected to transfer. In addition, Clause 18 of policy which provides a normal tenure of three years was also relied upon. The said argument was not accepted by learned Single Judge keeping in view the word ‘ordinary’ used in Clause 26 of the transfer policy.

3. Shri Godha by placing reliance on section.20(5) of The Rights of Persons with Disabilities Act, 2016 submits that the Act was introduced in order to ensure the welfare of persons with disabilities. Reliance is placed on Vik

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